WORLD TRADE  
ORGANIZATION  G/SPS/N/NOR/26 
21 May 2008  
 (08-2370) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION OF EMERGENCY MEASURES  
 
1. Member to Agreement notifying:   NORWAY
 
If applicable, name of local government involved:  The Norwegian Food Safety 
Authority  
2. Agency responsible:   The Norwegian Ministry of Health and Care Services and the 
Norwegian Ministry of Agriculture and Food 
3. Products covered (provide tariff item number(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where applicable):   
These Draft Regulations apply to the following products, intended for use as foodstuffs or 
feedingstuffs, originating in or sent from China: 
− Rice in the husk, husked rice, semi-milled or wholly milled rice and broken rice 
comprised by HS Codes 1006.10.10, 1006.10.90, 1006.20.10, 1006.20.90, 1006.30.10, 1006.30.20, 1006.30.99, 1006.40.10, 1006.40.20 and 1006.40.99 of the Norwegian customs tariff; 
− Rice flour, rice groats and meal, rice pellets, rolled or flaked cereal grains, germ of 
cereals and starches comprised by HS Codes ex1102.90.01, ex1102.90.02, 1103.19.10, 
1103.19.20, ex1103.20.00, ex1104.19.00, 1104.29.09, 1104.30.00, 1108.19.80 and 
1108.19.90 of the Norwegian customs tariff; 
− Preparations for infant use, put up for retail sale, comprised by HS Codes 1901.10.10 
and 1901.10.90 of the Norwegian customs tariff; 
− Pasta comprised by HS Codes 1902.11.00, 1902.19.00, 1902.20.10, 1902.20.91, 
1902.20.99, 1902.30.01 and 1902.30.09 of the Norwegian customs tariff; 
− Prepared foods obtained by the swelling or roasting of cereals or cereal products 
comprised by HS Codes 1904.10.92 and 1904.10.98 of the Norwegian customs tariff; 
− Prepared foods obtained from unroasted cer eal flakes or from mixtures of unroasted 
cereal flakes and roasted cereal flakes or swelled cereals comprised by HS Codes 1904.20.10 and 1904.20.90 of the Norwegian customs tariff; 
− Pre-cooked rice not containing any added ingredients comprised by HS Codes 
1904.90.10, 1904.90.20 and 1904.90.90 of the Norwegian customs tariff; 
− Rice paper comprised by HS Code ex1905.90.98 of the Norwegian customs tariff; G/SPS/N/NOR/26 
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   − Bran, sharps and other residues, whether or not  in the form of pellets, derived from the 
sifting, milling or other working of cerea ls or of leguminous plants comprised by 
HS Codes 2302.40.10 and 2302.40.90 of the Norwegian customs tariff; and  
− Peptones and their derivatives; other protei n substances and their derivatives; hide 
powder, whether or not chromed, comprised by HS Code 3504.00.00 of the Norwegian customs tariff.  
4. Regions or countries likely to be affected, to the extent relevant or practicable :  China  
5. Title, language and number of pages of the notified document:   
Norwegian:  Utkast til forskrift om særskilte beskyttelsestiltak ved import av risprodukter 
fra Kina for å hindre innblanding av ikke-godkjent genmodifisert ris Bt63 (2 pages).  
English:  Draft Regulations on special protective measures regarding import of rice 
products from China to avoid contamination by  non-approved genetically modified rice 
Bt63 (2 pages). 
6. Description of content:  Each consignment of rice products  falling within the scope of the 
Regulations which is imported to Norway must  be accompanied by an original analytical 
report, which demonstrates that the products do not contain genetically modified rice of the 
category Bt63. 
The analytical report shall be issued by an  official or accredited laboratory and based on 
the construct-specific method developed by D. Mä de et al., for detection of the genetically 
modified rice Bt63.  In the case of an an alytical report issued by a Chinese accredited 
laboratory, the analytical report shall be endorsed  by the relevant competent authority.  In 
the absence of an an alytical report, the importer shall have the products tested to 
demonstrate that it does not contain genetically modified rice Bt63.  Pending availability of the analytical report, the consignment shall not be placed on the market. 
The requirement concerning an analytical report, does not apply where a product falling 
within the scope of the Regulation is not c ontaining, consisting of or produced from rice 
and the product is accompanied by a statement to  this extent issued by the exporter or the 
importer. 
If a consignment of products falling within the scope of the Regulation is split, a copy of 
the analytical report or statement, shall a ccompany each part of the split consignment. 
The Norwegian Food Safety Authority is res ponsible for ensuring compliance with these 
Regulations and may take the necessary measures to this effect, cf. the Act of 
19 December 2003 No 124 on Food Production a nd Food Safety (the Food Act) section 23, 
including measures regarding storing, returning and destruction of consignments to ensure that products contaminated by the non-appr oved genetically modified rice Bt63 are not 
placed on the market. 
All costs incurred due to the requirements set out in these Regulations, including measures 
taken to ensure that products that are found to contain, to consist of or to be produced from 
the genetically modified rise Bt63 are not pl aced on the market, shall be borne by the 
operator.  G/SPS/N/NOR/26 
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   The Norwegian Regulations are similar to the European Commission's Decision 
3 April 2008 (2008/289/EC) on emergency measures regarding the non-authorized 
genetically modified organism Bt63 in rice pr oducts.  There are some textual differences 
between the European Commission's Decision a nd the Norwegian Regulations.  Firstly, it 
should be pointed out that the Norwegian cust oms tariffs differ slightly from those of the 
European Union.  This issue will be investig ated further with the intention of correcting 
unintentional differences. 
Furthermore, there are some textual differences due to the fact that the Regulations are 
drawn up according to Norwegian legal tradition.  In particular, we would like to point out 
that according to Norwegian tradition, oblig ations on authorities are not set down in 
regulations.  Therefore, Articles 3, 4 and 5 of the European Commission's Decision do not 
have explicit counterparts in the notified measu re.  However, the Norwegian authorities are 
intent on handling cases concerning products cove red by the Decision in accordance with 
the requirements set down in Articles 3, 4 and 5 of the European Commission's Decision.  
7. Objective and rationale:  [ X ] food safety, [ X ] animal health, [   ] plant protection, [  
 ] protect humans from animal/plant pest or disease, [   ] protect territory from other damage from pests    
8. Nature of the urgent problem(s) and reason for urgent action:   
The purpose of the Regulations is to avoid the placing on the market in Norway of rice 
products which have been contaminated by non-approved genetically modified rice Bt63 
originating in China. 
The reasons for the Norwegian Regulations ar e the same as the reasons stated in the 
preamble of the European Commission's Decision 3 April 2008 (2008/289/EC). 
The reasons for the emergency measures are several findings of the unauthorised 
genetically modified rice Bt63 notified thr ough the RASFF since February 2007 and the 
fact that the Chinese authorities have not been able to provid e sufficient guarantees of the 
absence of the unauthorised genetically modi fied rice Bt63 in rice products originating 
from China. 
Not being a member of the European Union, Norway is not subject to the 
European Union's regulations concerning geneti cally modified organisms.  However, it is 
considered important by the Norwegian aut horities that emergency measures are adopted 
due to the current risk of contamination of  rice products presented by the non-authorised 
genetically modified rice Bt63 originating in Ch ina.  For this reason, Norway has adopted 
emergency measures that are similar to tho se of the European Commission's Decision 
2008/289/EC on a national basis. 
9. International standard, guideline or recommendation:  
[   ] Codex Alimentarius Commission, [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [   ] None  
If an international standard, guideline or recommendation exists, give the 
appropriate reference and briefly identify deviations:    
10. Relevant documents and language(s) in which these are available:   The European 
Commission's Decision 2008/289/EC of 3 April 2008 ("On emergency measures regarding 
the non-authorized genetically modified organism "Bt63" in rice products"). G/SPS/N/NOR/26 
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  11. Date of entry into force/period of application (as applicable):  18 April 2008 
12. Agency or authority designated to handle comments: [   ] National notification 
authority, [   ] National enquiry point, or address, fax number and E-mail address (if available) of other body:  
The Norwegian Food Safety Authority  
Head Office 
P.O. Box 383 
N - 2381 - Brumunddal Norway Fax:  +(47) 23 21 68 01 E-mail:  postmottak@mattilsynet.no Website:  www.mattilsynet.no
 
13. Texts available from: [   ] National notification authority, [   ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body:  
The Norwegian Food Safety Authority 
Head Office P.O. Box 383 N - 2381 - Brumunddal Norway 
Fax:  +(47) 23 21 68 01 
E-mail:  postmottak@mattilsynet.no Website:  www.mattilsynet.no